Bio:

Gene Fraser brings more than 30 years of experience as a litigation lawyer to CBM Lawyers.  He has practiced in the litigation departments in national law firms in both Toronto and Vancouver, working with some of the best trial lawyers in Canada. Gene advises clients on matters concerning wills and estates and civil litigation concerning property disputes.  He has a proven track record of successfully representing clients in trial and appeals at all levels of court in British Columbia and every level in the federal court system, including the Supreme Court of Canada.  Gene is also a certified mediator and has extensive experience negotiating settlements on behalf of clients. 


Memberships and Professional Activities:

  • Member, Law Society of British Columbia
  • Member, Law Society of Ontario
  • Trial Lawyers Association of British Columbia
  • Canadian Bar Association
  • Past lecturer on Wills and Estates and Civil Litigation for the Law Society of British Columbia Professional Legal Training Course


Education:

  • University of Victoria, Ph.D. (Law)
  • University of Toronto, J.D.
  • Simon Fraser University, B.A. (First Class Double Honours)


Awards:

  • President’s Research Award (University of Victoria) for Ph.D. Thesis
  • Law Foundation of British Columbia Doctoral Scholarship
  • Social Sciences and Humanities Research Council of Canada Doctoral Fellowship
  • Dr. Julius Schleicher Award for Health Law


Year of Call and Jurisdiction:

  • Called to the Bar of British Columbia, 1993
  • Called to the Bar of Ontario, 1993


Work Highlights:

Wills, Estates and Trust Cases

  • Toporowski v. MacLellan, 2024 BCSC 1671
  • Armstrong v. Kotanko, 2023 BCCA 321
  • Armstrong v. Kotanko, 2023 BCSC 989
  • Sarzynick v. Skwarchuk, 2021 BCSC 443
  • Armstrong v. Kotanko, 2021 BCSC 1229
  • Franklin v. Cooper, 2016 BCCA 447
  • Becker v. Becker Estate, 2016 BCSC 487
  • Franklin v. Cooper, 2015 BCSC 1819
  • Tran v. Novix, 2003 BCSC 2032
  • Baird v. Iaci, (1997) 37 BCLR (3d) 1

 Civil Litigation and Family Cases

  • Porteous v. Neukomm, 2015 BCSC 1171
  • Utting v. Translink, 2014 BCJ 0086
  • Joinson v. Heran, 2011 BCSC 727
  • L.D.M. v. D.R.M., 2008 BCSC 1752
  • Culhane v. ATP Training Products, [2004] 250 F.T.R. 148
  • Culhane v. ATP Training Products, [2004] F.C.J. 1810
  • MGM Movie Studio v. Stargate Connections, [2004] FC 1185
  • Sarkodee Adoo, 2004 BCCA 105
  • Morse v. Ministry of Transportation, [2003] 68 L.C.R. 245
  • G.M.S v. P.R.S, 2003 BCSC 950
  • G.M.S. v. P.R.S., 2002 BCSC 143
  • Port Coquitlam Building Supplies v. Borysiak, 2003 BCSC 216
  • Anderson v. Port Moody Police, 2000 BCSC 1194

Appeal Cases

  • Armstrong v. Kotanko, 2023 BCCA 321
  • Franklin v. Cooper, 2016 BCCA 447
  • Culhane v. ATP, [2005] 332 NR 387; dismissed in the Supreme Court of Canada: [2005] S.C.C.A. No. 279
  • Sarkodee Adoo, 2004 BCCA 105
  • R v. Anderson, [1996], 111 C.C.C. (3d); dismissed in Supreme Court of Canada, 114 C.C.C. (3d)